Joke Collection Website - Public benefit messages - Will Dongguan leave a criminal record on bail pending trial? Will Dongguan leave a criminal record on bail pending trial, Zhihu?
1. Will Dongguan leave a criminal record on bail pending trial?
Will Dongguan leave a criminal record on bail pending trial? Will Dongguan leave a criminal record on bail pending trial, Zhihu?
1. Will Dongguan leave a criminal record on bail pending trial?
1. Will Dongguan leave a criminal record on bail pending trial?
Whether you can leave a criminal record after bail pending trial depends on whether you are sentenced. Bail itself will not leave a criminal record, but the judgment will leave a criminal record. At the same time, even if there is a detention certificate, the release certificate without a judgment will be recorded in the file.
As bail pending trial is only a compulsory measure in criminal proceedings, it is not yet possible to judge whether a criminal suspect or defendant has committed a crime, so it is not yet possible to convict and punish him or leave a criminal record.
Bail pending trial is a compulsory measure in China's criminal proceedings, and people's courts, procuratorates and public security organs have the right to make bail pending trial decisions. In order to prevent long-term bail pending trial, neither closing the case nor investigating, prosecuting or judging, the criminal procedure law of our country stipulates that the maximum period of bail pending trial shall not exceed one year.
Second, how to close the case after the bail pending trial
Bail pending trial is only a compulsory measure in criminal proceedings, which does not mean closing the case. Whether to sentence or not needs to be determined by the people's court according to the facts of the case and the law. After bail pending trial, the case will not be closed and will be transferred to the procuratorate for review and prosecution. After the prosecution, it will be sent to the court for trial. After the trial, a judgment will be made in a short time, and the court will pronounce the defendant who is released on bail pending trial according to the judgment in court.
During the period of bail pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated, or if the term of bail pending trial or residential surveillance expires, the bail pending trial and residential surveillance shall be released in time. When releasing a resident who has been released on bail pending trial, it shall promptly notify the resident who has been released on bail pending trial and the relevant units. People's courts, people's procuratorates and public security organs shall not release criminal suspects and defendants on bail for more than twelve months, and shall not keep them under residential surveillance for more than six months. Bail pending trial has its applicable conditions. Generally, only people with minor circumstances and little harm can get bail pending trial. Therefore, generally speaking, it is very likely that bail pending trial does not need to bear criminal responsibility or is sentenced to unrealistic penalties such as probation and single punishment.
According to the provisions of China's Criminal Procedure Law, those who have the right to apply for bail pending trial include: criminal suspects, defendants and their legal representatives, close relatives and lawyers hired.
After the criminal suspect or defendant is detained in criminal detention, before the defense lawyer intervenes, the case-handling unit usually has made a decision, and the lawyer can also apply for bail pending trial on his behalf. There must be sufficient facts and reasons to apply for bail pending trial. If a criminal suspect fails to comply with the relevant provisions during the period of bail pending trial after being released on bail, the public security organ may revoke the measures of bail pending trial in advance.
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